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Yasmeena Khan

Qualified immunity must end

As the New York Times put it, qualified immunity “has effectively created a Catch-22 paradox in constitutional law: Where a precedent doesn’t exist, a court can punt on the question of whether a cop broke the law, which in turn ensures that a precedent doesn’t get set.”What this means is that if there is not a case on the books with precisely the facts of the case being debated, the officer is not found to have violated clearly established law, and so cannot be held liable.
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